ETNO and GSMA about New E-Privacy Regulation : Telcos Call for a
Customer-Friendly and Innovation-Ready Approach

January 10, 2017 07:14 AM Eastern Daylight Time

BRUSSELS--(EON: Enhanced Online News)--Today, the European Commission has presented its Proposal for a
Regulation on e-Privacy. It is intended to replace Directive 2002/58/EC
and it adds to the existing General Data Protection Regulation (GDPR).

“There is no European data
economy without an innovation-oriented Regulation. Telcos should be able
to innovate and provide more choice to European customers”

ETNO and GSMA Europe recognise the European Commission’s goal to protect
the confidentiality of electronic communications and establish a
harmonised framework for electronic communications data. Telecom
operators are committed to enhancing consumer trust, which is crucial
for the development of the data economy.

However, we call on the co-legislators to correct the new e-Privacy
Regulation and make sure it allows a customer-friendly and
innovation-ready approach. Only in this way the EU will capitalise on
the data economy, create new societal opportunities and boost the
provision of innovative consumer services.

While we embrace the need to fully protect consumers, we believe that
the General Data Protection Regulation already provides a
technologically-neutral and future-oriented framework to this end.
Restrictive e-Privacy rules would result in unfair double regulation of
one sector compared to others.

For this reason, ETNO and the GSMA call for legislators to ensure that
the final Regulation takes into account new services and that all
providers are subject to the same rules. Unless we overcome the current
inconsistencies and restrictions, telecom operators in Europe will be
prevented from expanding consumer choice and offering new competitive
services to citizens.

We call on legislators to ensure that the new e-Privacy Regulation does
not miss the opportunity to provide a consistent framework for the data
economy, enabling companies to provide data-driven services. This can be
achieved by making sure that the new Regulation:

is fully aligned with the GDPR as regards further processing of
personal data. Accordingly, this should be allowed when compatible
with the initial purpose for which the data was collected, when an
impact assessment has been performed and if appropriate safeguards
apply (e.g. pseudonymisation). In this way we can, for example,
perform big data analytics in the interest of customers or for public
purposes;

does not single out Communication Services by applying stricter
requirements than those imposed on other service providers that
process similar data (e.g. source, destination, date, time and/or
location of the data or device). Only in this way we can, for example,
provide mapping services that compete with those already provided by
other players.

As Europe demands that telcos build a 5G and Internet of Things-ready
Europe, we need to ensure that the new e-Privacy Regulation is
consistent with such shared objectives. Both consumers and the industry
need simple and clear rules instead of a double regime with blurred
boundaries. Rules applying to the processing of location data in
connected cars, IoT devices or mobile apps illustrate the issues at
stake, as we risk to jeopardise 5G business models. A trust-based use of
the data collected by telecom operators is crucial to realising the
benefits of the Digital Single Market.

Lise Fuhr, Director General of ETNO, said: “There is no European data
economy without an innovation-oriented Regulation. Telcos should be able
to innovate and provide more choice to European customers”.

Afke Schaart, Vice-President Europe at GSMA, said: “Just like the
Commission, we consider it is fundamental to create a privacy framework
that enhances consumer trust in the context of electronic
communications. However, we must ensure that the detailed requirements,
such as the limited lawful grounds for processing, do not inadvertently
frustrate use of metadata that is both innovative and sensitive to
privacy concerns”.

About the GSMA

The GSMA represents the interests of mobile operators worldwide, uniting
nearly 800 operators with almost 300 companies in the broader mobile
ecosystem, including handset and device makers, software companies,
equipment providers and internet companies, as well as organisations in
adjacent industry sectors. The GSMA also produces industry-leading
events such as Mobile World Congress, Mobile World Congress Shanghai,
Mobile World Congress Americas and the Mobile 360 Series of
conferences. For more information, please visit the GSMA corporate
website at www.gsma.com.
Follow the GSMA on Twitter: @GSMA and @GSMAPolicy.

About the ETNO

ETNO has been the voice of Europe’s telecommunication network operators
since 1992 and has become the principal policy group for European
electronic communications network operators. Its 41 members and
observers from Europe and beyond are the backbone of Europe’s digital
progress. They are the main drivers of broadband and are committed to
its continual growth in Europe. ETNO members are pan-European
operators that also hold new entrant positions outside their national
markets. For more information, see ETNO’s website www.etno.eu.
Follow ETNO on Twitter @ETNOAssociation.

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